Ghana's Supreme Court Dismisses Challenge to Anti-LGBTQI Bill

Ghana's Supreme Court has delivered a landmark verdict, dismissing a challenge to the constitutionality of the Human Sexual Rights and Family Values Bill.

The bill, which has sparked intense national debate, aims to criminalize activities associated with lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) advocacy. If passed into law, it would impose penalties on individuals promoting or funding LGBTQI-related activities, as well as those providing indirect support.

At the heart of the controversy is the bill's potential to infringe on fundamental human rights, including freedom of expression, association, and equality under the law. Proponents argue that the bill is necessary to protect Ghanaian cultural and family values, which they claim are being eroded by foreign ideologies.

However, critics, including human rights groups, condemn the bill as a draconian measure that would perpetuate discrimination and inequality. The legal challenge, led by broadcast journalist and lawyer Richard Dela Sky, contended that Parliament failed to meet constitutional quorum requirements during the legislative process.

In a unanimous decision, the seven-member Supreme Court panel, led by Justice Lovelace Avril Johnson, dismissed the petition on the grounds that the bill had not yet become law. The court clarified that until a bill receives presidential assent, it does not constitute an enactment subject to judicial review of its constitutionality.

This verdict underscores the court's position that legislative processes cannot be challenged on constitutional grounds until they result in enforceable law. 

Source: Florence Kyei / Lead News Online